No Space For Regret
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Private Law and Practical Reason
Author: Haris Psarras
language: en
Publisher: Oxford University Press
Release Date: 2023-03-15
The contributions to this edited volume engage with John Gardner's philosophical work on private law. The content is divided into three parts. The first part gathers contributions on general theoretical issues that bear upon private law. The second part is concerned with Gardner's well-known views on responding to wrongs and the justification of reparative duties - an issue that spans all of private law. The third part turns to theoretical issues within particular areas of private law. Its focus is Gardner's focus: tort law, but it also includes chapters on contract law and equity. The primary aim of Private Law and Practical Reason is to facilitate a critical assessment of the private law thinking of one of the most important legal philosophers of the last fifty years. Gardner's contributions to private law theory are recognised to be amongst the most significant and philosophically rich. This work assembles a group of contributors with diverse theoretical commitments, many of whom have not directly engaged previously with Gardner's work, and is intended to act as a reference point for central debates in private law theory, such as the role of moral duties, the justification of reparative obligations, and, more broadly, the role of reasons in private law.
Collective Responsibility
Author: Larry May
language: en
Publisher: Bloomsbury Publishing USA
Release Date: 1992-10-27
This anthology presents the best recent philosophical analyses of moral, political, and legal responsibility of groups and their members. Motivated by reflection on such events as the Holocaust, the exploding Ford Pintos, the My Lai massacre, and apartheid in South Africa, the essays consider two important questions: What collective efforts could have prevented these large-scale social harms? And is some group to blame and, if so, how is blame to be apportioned? Contributors:
The View from Here
Author: R. Jay Wallace
language: en
Publisher: Oxford University Press
Release Date: 2018-02-06
Must we always later regret actions that were wrong for us to perform at the time? Can there ever be good reason to affirm things in the past that we know were unfortunate? In this original work of moral philosophy, R. Jay Wallace shows that the standpoint from which we look back on our lives is shaped by our present attachments-to persons, to the projects that imbue our lives with meaning, and to life itself. Through a distinctive "affirmation dynamic", these attachments commit us to affirming the necessary conditions of their objects. The result is that we are sometimes unable to regret events and circumstances that were originally unjustified or otherwise somehow objectionable. Wallace traces these themes through a range of examples. A teenage girl makes an ill-advised decision to conceive a child - but her love for the child once it has been born makes it impossible for her to regret that earlier decision. The painter Paul Gauguin abandons his family to pursue his true artistic calling (and eventual life project) in Tahiti--which means he cannot truly regret his abdication of familial responsibility. The View from Here offers new interpretations of these classic cases, challenging their treatment by Bernard Williams and others. Another example is the "bourgeois predicament": we are committed to affirming the regrettable social inequalities that make possible the expensive activities that give our lives meaning. Generalizing from such situations, Wallace defends the view that our attachments inevitably commit us to affirming historical conditions that we cannot regard as worthy of being affirmed--a modest form of nihilism.